DUI Process

Understanding the DUI Process in Palm Springs

In the state of California, driving under the influence (DUI) is an extremely serious offense. An individual who gets behind the wheel of a motor vehicle while under the influence of either drugs or alcohol, is not only putting themselves at risk, but those around them as well. If you or a loved one has been arrested for DUI you need to contact a Palm Springs criminal defense lawyer as soon as possible. Attorney Joseph Rhea will work diligently to answer any questions you may have, advise you on how the entire DUI process works, analyze the case against you, and help you determine how best to proceed.

It is important, when facing DUI charges, to understand the DUI process in the state of California. The following are some of the most common aspects of the DUI process:

• The first part of the DUI process is the initial stop or investigation. Typically, a law enforcement officer will pull someone over for a traffic violation, an expired tag, a random DUI checkpoint, a burned out headlight or other infraction. The DUI process may also begin when law enforcement is called to report to the scene of an accident.

• If the officer has reason to believe you have been driving under the influence, such as they see signs of impairment, watery eyes, slurred speech, the smell of alcohol on your breath, or other indications, they will ask you to submit to various sobriety tests.

• Should the officer feel he has probable cause, he will place you under arrest for DUI and you will be taken to the local police station or hospital for breath & blood tests to measure your blood alcohol concentration. Urine tests can also be used to see if a person is currently under the influence of drugs. A refusal to submit to such testing will still result in your arrest, however you will also receive a mandatory one year driver's license suspension and two days in jail.

• As part of the arrest procedure, the arresting officer will take your driver's license and let you know your license will be suspended in 30 days if you do not request a DMV hearing within 10 days of your arrest. You will then be issued a 30-day temporary license.

• Providing you have no prior arrests, no outstanding warrants or other criminal history, you will more than commonly be booked and released on bail, after you sign a written promise to appear in court. If you do not have an experienced criminal defense lawyer at this stage, contact the Law Office of Joseph T. Rhea immediately so that you can obtain the effective representation you deserve.

• Your initial court appearance will be at your arraignment. In the case of a misdemeanor DUI, your lawyer can attend the arraignment hearing on your behalf, without you having to be present. You and your attorney can either enter a plea of guilty, not guilty or no contest. It is at this hearing that your case will be set for trial.

• At this point, your attorney can help you request a DMV hearing in order to delay the suspension of your driver's license until the hearing is completed and the outcome determined. Palm Springs lawyer Joseph Rhea strongly recommends you have your attorney present at your DMV hearing, as it can significantly improve your odds and prevent your license from being suspended. Your DMV hearing can also be beneficial in building your DUI defense case.

• Motion hearings and pretrial meetings are court dates intended to update the judge on the status of your case, file motions to exclude or suppress certain evidence and testimonies, contest the validity of the officer's arrest, and more. Your attorney can also use these meetings to more thoroughly investigate your case, including reviewing all arrest documents, revisiting the scene of the arrest, checking records on all testing equipment used and more. The more evidence in your favor, the more likely the judge will order the charges against you reduced or dismissed in their entirety.

The majority of California DUI cases are settled prior to trial, but many people also choose to go to trial and fight their DUI.Trial consists of jury selection, opening statements, the prosecution presenting their case, the defense presenting your case, closing statements, the verdict and sentencing. It is important to remember that all jurors must be convinced, beyond a reasonable doubt, of your guilt in order for you to be convicted.

Attorney Rhea understands how difficult and frightening it may be to get arrested or charged with a DUI, especially in cases where you are in town only for vacation or a military leave. Each DUI case is different, with its unique set of circumstances. That is why he takes the time to understand you and your situation, in addition to all the facts surrounding your case. Due to the personal attention given each case and his commitment to defend the rights of each and every client, many of his clients refer to Attorney Rhea as the nice guy who'll fight for you.

Palm Springs DUI Defense Lawyer: Protecting Your Freedom and Rights

Anyone facing DUI charges knows that their reputation, freedom and future are at risk. That is why it is important to have a criminal defense lawyer, who is not only familiar with the local courts and judges, but one who has a proven record as a successful DUI lawyer. For the last decade, the Law Office of Joseph T. Rhea has been representing clients facing all types of DUI and criminal defense charges. No attorney can legally or ethically guarantee the outcome of your case. Nevertheless, Attorney Rhea has had extensive success helping clients navigate through the DUI process with many DUI charges being lessened or dismissed entirely.

Attorney Rhea is a member of the National Association of Criminal Defense Lawyers, the California Public Defenders Association, the California Attorneys for Criminal Justice, and has been recognized by Palm Springs Life every year since 2010 as a top DUI Lawyer and/or Criminal Defense Attorney. It does not matter whether you are a local resident, a visitor from out of town or military personnel on leave, Attorney Rhea is the desert defense lawyer you want representing you in the state and federal courts in the California desert region.

If you have questions about the DUI process, or you need legal representation after being arrested or charged with DUI, contact a Palm Springs criminal defense attorney immediately to help you get the aggressive representation you deserve.